Tier 2-ILR 2 Year JR period

[Anas786]

Hi Admin,

Can i qualify for ILR.

I was on Tier 2 from Aug 2013--2016( 3 Years)

Applied for Extension in Aug 2016 HO refused due to TOEIC went for JR, HO withdraw the JR after oral hearing and reconsidered the initial application (2 Years gap i wasn't allowed to work, it wasn't my fault..



New Tier 2 visa from Aug 2018 to Aug 2019
Let me add one more thing here, on letter saying issued in Aug-2018

Permission is given for the employment detail below:

Sponsor: XYZ
Address: ABC
Working at: As above
Job tile: XYZ
Salary: £££
Start Date: 28/08/2016
End Date: 16/08/2019


Can i apply for ILR Now?

Looking for your response.

Thanks
Anas

[zimba]

Yes. This is because if you applied in-time (before visa expiry) for extension of leave and then you got a refusal and later the decision of the Secretary of State on your application (which was extended by Section 3C) was subsequently quashed or declared unlawful following judicial review proceedings, you should assume that the refusal decision is void and never had an effect. As a result, Section 3C leave never came to an end until you were granted leave.

[Anas786]

Dear Admin,

Can you please let me know about the gap period i wasn't allow to work, is it still okay can apply for ILR?

Thanks
Anas

[zimba]

The gap should not be an issue